The traditional owners of the land, the Ngadju people, have a responsibility to care for their country
The traditional owners of the land, the Ngadju people, have a responsibility to care for their country and to preserve their significant heritage and culture under the Native Title Act. The Ngadju Native Title Aboriginal Corporation (NNTAC) is the Prescribed Body Corporate (PBC) that is responsible for upholding and managing these objectives, and acts as the legal entity which conducts the affairs of the Ngadju Native Title Holders.
The PBC liaises and negotiates agreements with all government departments, mining companies, explorers, local government, property developers and various businesses that may want to conduct activity on Ngadju land. This process involves the engagement of the PBC Board of Directors who represent the various family groups for the negotiation process. Any agreement that would significantly impact on Native Title Rights (such as extinguishment) must be taken to the full Ngadju community for ratification.
These agreements must ensure that Ngadju Native Title Rights, Heritage, Culture and Environment rights are protected while accommodating the rights of tenement holders and stakeholders on Ngadju country.
For anyone intending to conduct any activity on Ngadju Land, you must contact the PBC at its Perth office so the necessary arrangements can be actioned. These actions include heritage surveys (including anthropological, ethnographical and archaeological) which must comply with the Aboriginal Heritage Act (WA).
The Ngadju Native Title Aboriginal Corporation provides legal representation to the Board of Directors and Ngadju community on Future Act Matters as necessary.
A Future Act is a term used in the Native Title Act 1993 to describe a proposed activity that may affect Native Title. Future Acts give the Ngadju Directors and broader community the right to be informed and consulted about development activities that may impact Ngadju country.
It is essential that any agency, company or individual contact the PBC if any of their proposed developments involve ground breaking disturbances. As a courtesy, anyone wanting to carry out any function on country must advise the PBC.
Heritage is one of the many functions provided by the PBC. We are regularly advising mining and government bodies on set procedures for managing heritage compliance across Ngadju country.
If for any reason the PBC was not engaged and a section 18 (application to disturb an Aboriginal Site) is applied for, the ACMC may not approve the application.
Heritage Survey Methodology
There are numerous Heritage Survey Methodologies that can be designed specifically for any particular purpose.
Importantly at the outset, Costs Agreements and methodologies need to be determined early to ensure that they are cost effective and efficient.
Work Program Clearance Survey
Work Area Clearance Survey
Site Avoidance Survey
Site Identification Survey
Cultural Significance Survey
A comprehensive heritage survey would include anthropological, ethnographical and archaeological components which must comply with the Aboriginal Heritage Act (WA).